LISTEN: South Africans must not hold their breath, says expert on Guptas’ extradition

Unisa Associate Professor of police practice Bernadine Benson says South Africans must not hold their breath when it comes to the extradition of Atul and Rajesh Gupta.

The Dubai police confirmed on Tuesday that they had arrested the Gupta brothers in connection with money laundering and other criminal charges in South Africa.

While news of the Guptas’ arrest was welcomed by South Africans, professor Benson said they must not hold their breath.

“Dubai police made the arrest after receiving a red notice for the Gupta brothers by Interpol. The force has also coordinated with the authorities in South Africa regarding the extradition file to complete the legal procedures.

“The arrest reflects the continuous efforts of the UAE in combating money laundering crimes through local cooperation among the competent authorities, including the Ministry of Justice, the Dubai Public Prosecution, the Executive Office to Combat money laundering and terrorist financing, and the financial intelligence unit, as well as through vital coordination and collaboration with international counterparts.”

The Ministry of Justice and Correctional Services also confirmed the arrest, adding that discussions between various law enforcement agencies in the UAE and South Africa on the way forward were ongoing.

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“A red notice is not an international warrant of arrest, it is a notice to other member countries in which a member country is seeking assistance to locate an individual, with the aim of having this person extradited to either face criminal charges. It’s a request from the South Africa law enforcement officials for members of Interpol to be on the lookout for whoever the red notice is issued against,” Benson told 702 on Wednesday.

“South Africans must not hold their breath, this is a long drawn out process because there is now going to be a counter legal arguments coming from the Guptas’ side, so it’s a long court process which must now pick off and which is why I say why South Africans mustn’t not hold their breath. But for me the positive is that something has happened in terms of having them at least being arrested.”

Immigration lawyer Gary Eisenberg also told the station South Africa can only hope the wheel of justice continues to turn quickly.

“When the Guptas’ legal team gets involved, this whole animal transforms into something you never imagined. This transformative process takes place over time in different courts,” Eisenberg told the radio station.

How busy the courts and judges are should also be taken into consideration.

“It could take a year, two years or four years or maybe never. Whatever is happening now belongs to a confluence of factors including good fortune for the South African government, and we hope those wheels continue to turn quickly.”